Unable to return to China due to Coronavirus?

Published on: 18/02/2020

#Immigration

Are you unable to return to China due to Coronavirus and are you afraid that you will be overstaying or breaching the conditions of your visa? The Home Office published guidance on 17 February 2020. We answer some of your FAQs below:

  1. My visa expired today, but I am unable to return to China due to Coronavirus, will I be considered to be an overstayer?

The Home Office will grant you an automatic extension of your visa until 31 March 2020 and therefore you will not be an overstayer.

  1. Will I need to get my passport or BRP updated to reflect the extension of visa?

No, the Home Office will automatically update their systems. You will not need to apply to update your visa expiry date.

  1. What if I need to provide evidence of the extension of visa?

You can contact the Coronavirus immigration helpline where you can request a Biometric Residence Permit (BRP) or status letter which will reflect the new expiry date.

  1. What if I am a non-Chinese or non-EEA national that resides in China normally?

You will need to contact the Coronavirus immigration helpline so that your visa can be extended until 31 March 2020 upon providing evidence that you are normally resident in China.

  1. What do I do if I need to switch from a Tier 2 ICT visa to a Tier 2 General visa?

Usually if you are switching from the Tier 2 ICT visa to the Tier 2 General visa then you would be required to return to your country of origin before you apply for the Tier 2 General visa. However, due to the exceptional circumstances of Coronavirus, if your current visa has an expiry date between 24 January 2020 and 30 March 2020, then you can apply for the Tier 2 General visa from within the UK.

  1. My passport is currently at a UK visa centre in China, can I arrange for it to be sent to the UK?

No, the passport cannot be sent to the UK. However, if you do need to travel then you can apply for an emergency travel document.

  1. Do licenced sponsors need to report absences of any employees or students due to Coronavirus?

Some employees or students may not be able to travel back to the UK or are required to serve a period of quarantine as a result of Coronavirus. Licenced sponsors are not required to report these absences in connection with Coronavirus if they have been authorised by them.

Further to this, a sponsor does not need to withdraw their sponsorship if there are exceptional cases where the student will not be able to attend the educational institution for more than 60 days or an employee is absent from work without pay for four weeks or more due to illness.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking professional and legal advice. Please refer to the full General Notices on our website.